High Court Set To Consider Proper Patent Malpractice Forum

By Ryan Davis (January 11, 2013, 9:30 PM EST) -- The U.S. Supreme Court will have the tough task of deciding exactly when a legal malpractice case is so dependent on patent issues that it belongs in federal, not state, court, as it is set to hear oral arguments on the issue Wednesday.

In the case, Gunn v. Minton, the justices will review a pair of Federal Circuit rulings from 2007 that found legal malpractice suits, which are typically heard in state court, must be filed in federal court if they involve substantial issues of patent law, over which the federal courts have exclusive jurisdiction.

When deciding whether an attorney committed...

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